On December 23, 2015, the Pennsylvania Supreme Court denied several tobacco companies’ petition for appeal of a Commonwealth Court ruling that Pennsylvania is entitled to reinstatement of more than $125 million in funds under the 1998 Master Settlement Agreement (MSA) with the tobacco industry.

Much attention has been given to the impact of the FDA’s proposed deeming regulations on the e-cigarette and cigar industries.  But the deeming regulations almost certainly will give the FDA the authority to regulate much more — any product that is made or derived from tobacco and intended for human consumption.  This includes tobacco used in a waterpipe (known as a hookah).  The tobacco, known as shisha (which is usually flavored), is vaporized through the hookah pipe.

The Tobacco Team recently published an article in Smokeshop Magazine entitled “Design Patents Build Strong, Valuable Brands.”  The article discusses the strategic use of intellectual property rights as a competitive advantage in the marketplace, and particularly the previously-overlooked design patent.  A design patent protects the look and feel of an…

On February 2, 2016, the Central District of California denied class certification in a claim for false advertising related to the sale of electronic cigarettes. In re NJOY, Inc. Consumer Class Action Litigation, CV 14-428, (C.D. Cal. Feb. 2, 2016). Plaintiffs, a group of consumers, brought suit under the California Consumer Legal Remedies Act, California’s Unfair Competition Law, and Florida’s Deceptive and Unfair Trade Practices Act, alleging that: (1) NJOY engaged in a false and misleading advertising campaign conveying the message that its electronic cigarettes are safer than traditional combustible tobacco cigarettes; and (2) NJOY omitted material information from its packaging, including both an ingredient list and the potential risks associated with certain ingredients.

We are pleased to announce that Bryan Haynes, Partner at Troutman Sanders LLP, will moderate a panel entitled, “E-cigarettes post deeming—an outlook for ENDS products,” on Wednesday, October 21, 2015 from 12:10-12:40 p.m., at the 2015 FDA Regulation of Tobacco Products conference put on by The Food and Drug Law Institute.  The panelists will discuss the potential impact of the finalized deeming regulations on the spectrum of products on the market, and the public health.

Please join panelist Bryan Haynes of Troutman Sanders, at the Smoke Free Alternatives Trade Association (SFATA) Conference for the Planning for The Final Deeming Regulations program.  The program will address the FDA’s proposed deeming regulations and how companies can begin planning for their impact. This event is scheduled for…

Please join panelist Bryan Haynes, a partner at Troutman Sanders, at TMA’s Annual Conference for the Taxation, Relative Product Risk and the IOM/NRC on Illicit Trade program.  This event is scheduled for Thursday, May 18, at 5:15 p.m.,  at the Kingsmill Resort, Williamsburg, VA.

The 2015 Tobacco Merchants…

An article by the Troutman Sanders Tobacco practice appears in the February issue of Smokeshop Magazine. The article, titled “Pennsylvania’s Legal Battle Over MSA Payments Keeps Twisting” discusses the ongoing battle between Pennsylvania and major tobacco manufacturers regarding disputed 2003 Master Settlement Agreement (“MSA”) escrow payments.

An article by Bryan Haynes of the Troutman Sanders Tobacco practice appears in the January issue of Vapor Digest Magazine. The article, titled “Vapor Industry Regulation – Predications for 2015” discusses the regulatory landscape that could be facing the vapor industry during the upcoming year.  Aside from the FDA’s deeming regulations, which may become finalized during the coming year, Bryan speculates on the likelihood of additional regulations, primarily on a state level.